| People v Huggins |
| 2013 NY Slip Op 02266 [105 AD3d 760] |
| April 3, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Christopher C. Huggins, Appellant. |
—[*1]Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Kevin C.King of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Jaeger, J., at plea; Gulotta, Jr., J., at sentencing), rendered January 25, 2012, convictinghim of criminal sale of a controlled substance in the third degree and criminal possessionof a controlled substance in the seventh degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not improvidentlyexercise its discretion in denying his motion to withdraw his plea of guilty, as the recordreflects that he knowingly, voluntarily, and intelligently entered the plea (see People v Seeber, 4 NY3d780 [2005]; People v Jones, 44 NY2d 76, 81 [1978], cert denied 439US 846 [1978]; People vDouglas, 83 AD3d 1092 [2011]).
By pleading guilty, the defendant forfeited his right to seek review of any allegedBrady violation (see Brady v Maryland, 373 US 83 [1963]; People v Kidd, 100 AD3d779 [2012], lv denied 20 NY3d 1062 [2013]; People v Philips, 30 AD3d621 [2006]).
The defendant's valid waiver of his right to appeal precludes review of his claim thatthe procedure used to adjudicate him a second felony offender was defective (see People v Kosse, 94 AD3d908 [2012]; People vLassiter, 48 AD3d 700 [2008]). Angiolillo, J.P., Dickerson, Chambers and Lott,JJ., concur.